Section 5-E707. IMPASSE RESOLUTION

 

707.1Unless specifically modified by the terms of a ratified, effective agreement, the provisions of this section and §§ 708 and 709 shall govern the collective bargaining process in the event of an impasse over the terms of an initial or renewal agreement.

 

707.2In the event that the Board and a labor organization fail to reach agreement within thirty (30) days prior to the expiration date of an existing agreement, or fail to reach agreement within thirty (30) days prior to a date mutually set by the parties pursuant to § 702 for reaching an initial agreement, the existence of an impasse shall be automatically declared unless the parties agree to extend the deadline for reaching agreement.

 

707.3If the deadline for reaching agreement is extended pursuant to § 707.2, the impasse provisions of that subsection shall apply to any extended deadline, including any deadline agreed upon that is less than thirty (30) days.

 

707.4The automatic declaration of an impasse may be recognized by either party submitting to the other party a written proposal for the appointment of a mediator.

 

707.5Upon the recognition of an impasse pursuant to this section, the issue(s) in dispute shall be referred for mediation pursuant to the provisions of § 708.

 

707.6If no agreement on the issue(s) in dispute is reached after a total of fifteen (15) days on which mediation sessions are held, the issue(s) remaining in dispute shall be referred to fact-finding pursuant to the provisions of § 709.

 

707.7After time for mediation has expired, the referral to fact-finding on any issue(s) remaining in dispute may be delayed if the parties agree to a specific deadline beyond the fifteen (15) days provided in this section.

 

707.8If the parties fail to reach an agreement after due consideration of the fact- finding report, pursuant to the provisions of § 709, the issue(s) remaining in dispute may be referred to arbitration upon the mutual consent of the parties.

 

707.9Referral to arbitration shall be by joint request of the parties to the Federal Mediation and Conciliation Service or to the Board of Labor Relations, for the appointment of an arbitrator.

 

707.10The scope of arbitration shall be mutually established by the parties and set forth in the written request for the appointment of an arbitrator.

 

707.11No award shall be binding upon the parties unless the written request by the parties specifically states that arbitration shall be “final and binding”.

 

source

Final Rulemaking published at 24 DCR 6446, 6466 (February 3, 1978).